The Washington critic., 1887-08-30
RICHARD II. SYLVESTER, Editor
Jusr1UE FIrLp's DECISION.

JUSTICE FIELDS DECISION.
The decision Of Justice Field Of the
United States Supreme Court, rendered
at san Francisco yesterday, In the mat
Ter Of the Pacific Railroad Commission
AGAINST Senator stanford, will be some
thing of a surprise and disappointment |
10 the general public, for the reason
that the Commissioners were supposed |
to be pursuing legitimate line Of In. |
quiry, which would result in extract
ing from the directors of the Contra
Pacific much Information Of value to
the Government that had hitherto. ani |
by apparent design, been withheld.
1t was desired by the Commission u |
learn of Senator Stanford what specific |
disbursements were covered by youCh- |
ers to large amount that appeared
upon the compauy's expense acc iunt |
without explanation. Mr.. Stanford
was unable to recollect the details AMI
declined to produce books and pa
pers that might disclose them. Thr
Commission then invoked compulsory
process of the courts.
The strong points made by Justice
Field In his decision are these:
That the Commission possesses no
judicial power, hut Is mere board
Of inquiry; therefore can determine no
right to the Government or the
corporation.
That the Commission, having con-
ceded that 'the moneys covered by the
vouchers In question were not ch rged
against the Government of the United
States In ascertaining the net earnings
Of the company" no public respousi.
bility attached to their expenditure,
and the United States had no interest in
the matter more than It would have In
the private transactions of any other
corporation.
That being In the nature OF private
corporation, the Central Pacific by
that of Kilbourn vs. Thompson
- stands. like an individual, exempt from
forcible intrusion and compulsory ex-
posure without proper judicial process.
That the Commissioners not regard
ing themselves bound by the ordinary
rules of evidence In the conduct Of
their investigations, but receiving
hearsay and or partc testimony of every
description, 1t cannot be that the courts
of the United States can be used to aid
In the prosecution of inquiries thus
irregularly made.
This appears to be good law, anl,
being so considered, will tend TO relieve
the surprise occasioned by the first
announcement of Judge Fields de.
cision.
The disappointment of the public
will not, however, be so easily allayed.
The decision does not abate In any
degree the wide spread belief that Mr.
Stanford had motives for declining to
answer that will not bear the light, and
that the management Of the great
corporation with which he is so con
spicuously identified has been char.
aoteriZed by the corrupt use of many
hundreds OF thousands OF dollars. The
opinion of the Supreme Court, though
unanimously rendered and dozen
times duplicated, cannot change this
settled conviction.
Nor can anything change 1t but the
voluntary production by Mr.. Stanford
and his associates Of the books and
papers wanted and satisfactory show
Ing therefrom that the affairs OF the
company are not obnoxious to crtl
cism, much less to the taint of fraud
and jobbery. Mr. Stanford owes 1t
himself-to his own vindication, to the
honor of the Senate, to the people oi
the United States-to make clear thai
which is now obscure and rid himself
of the suspicion from which no judlcia
decision In his favor, no right of per
aonal exemption, can relieve him so Ions
as he is believed TO be covering tracks
that the interests OF public justice de
msnd to be exposed.
Otherwise 1t will devolve upon Con
gress to find some method OF dealinG
with contumacious witnesses that will
not be an invasion Of private rights, bu
aproiection Of the rights OF the Gov
eminent.